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product, as we know in the industry. this is not an appropriate way to go through with this. i would urge you not to vote for it. thank you. >> thank you. commissioner? >> i have a question. >> sorry, one more. >> i wanted to clarify something about the code to advisory committee. at first we did not support the proposal as it is, but we did suggest that alternatives be looked at, as there is clearly a problem here if there are that many fires attributed to it as well as loss of property and possible loss of life. we also suggested that there perhaps be criminal penalties looked into. if someone is just going to be fined a few hundred dollars for doing this and the king caused so much damage, there should be more serious action and
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consequence. we just wanted people to take a broader look at it. we were also concerned that there was not input from the moving industry at the meeting. i notice that the supervisor did have some information from them. had that been presented to us, it might have changed things. >> thank you. i see no more speakers. public comment is closed. commissioner? >> one of my questions is for clarification and i wish there was someone from the industry here, we are talking about banning a process, not a product. there are a lot of ways to the same product on the roof and what we are saying, i think, is
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banning the use of open porches as a method of using the asphalt shingles on the rue. and there are other ways of doing that. if someone could clarify that? there has been a lot of back- and-forth about a process and i think that that is a little bit of a difference. i just wanted to clarify. >> i can clarify with my understanding, the asphalt top of the roof is the same on each. there's one set of rules that would have it on the torch and another side that you would with a hot glue on. there are different types of the
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same product. yes, it is the type that uses a propane torch melting it onto the roof that would be affected by the band. jolie of lying to combustible roofs. -- only applying to them possible routes. -- only applying to combustible roofs. >> this torch applied moving band, i would like to go ahead with my -- torch applied roofing, i would like to go ahead with my amendment. >> seconded. >> i disagree. it is possible that we could have a roofing expert explain it u.s.. -- to us banning the practice seems extreme at this point.
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how many groups are we talking about annually? half of them are causing fires? i would like to know what the numbers are. can we do seven out of 10? what are the numbers? the problem is that roofers that are doing this incorrectly, is there some way to regulate this? should there be a permit process? helping to generate some statistics for us, maybe that should be the rap -- the last stop. people that come up to speak and say that their home was affected, accidents happen. i apologize for accidents.
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they are unfortunate but they are accidents. i would like to revisit this issue in perhaps six months or year. [no audio]
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>> an order has been recommended that uses all sorts of kinds of
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services -- services -- surfaces, but said nothing about keeping the flame from going through. i also sympathize with anyone who had a loss caused by fire. anyone can have a fire. i just do not think that banning it is practical. it is not a practical thing to do. and people are willing to do it anyways. a lot of contractors are going to do it. and they will do it under cover. put up parts and covers and the business will continue doing it. probably putting the property in more danger. you know? you know? i would like to refer this back to the department and have them come up with some ideas.
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some people in the department that know what they're talking about instead of having people that have probably never spent too much time on a roof coming in here and telling us what we should and should not do. >> we have a motion and we need to take a vote on the motion. >> i would like to make a couple of comments by a response. i appreciate the concern over the impact of the idea of using enforcement methods, but what we have seen in the years since the fire is the difficulty in enforcing this. no one is really out there looking to enforce this. basically the only way to get any substantial enforcement would be to hire more officers at a cost that would be conveyed to the permit holders. which would negate any sort of savings that you could have by being able to use this applied
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roofing. and i think the difficulty of knowing who is a permanent roofer and was not, the clarity that we see in this is if you have a torch on a wooden roof, that would be a violation of the law. that is the kind of clarity that we need to ensure the safety of wooden roofs. as far as more hard statistics on the fire, we would work with the fire department and bring it back to you for future consideration. what you have made a good point there regarding enforcing it. i think it could be made part of the inspection process. when a deck is ready to be roofed, it should be inspected first. one more inspection. the department would collect a fee for that. dad is the suggestion. there are ways around this if we
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come down and talk it out. we would love to work again. >> i appreciate that. we would be glad to look into it as well. >> perhaps we would find more information about what this gentleman was talking about. was the reverse certified? was he licensed? or did you roll off the street and go up there thinking he could do this job? >> we have a motion on the floor. my question, would you like us to continue this and resolve these issues and work with the department and code advisory committee and roofing industry? >> that sounds like the best. reviewing this further and coming back with a review. >> in that case i withdraw my
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second. [inaudible] >> just to let you know, this is sort of the same situation as the last item, regardless of what we do, the board of supervisors will vote on it. what we do afterwards, they may vote for it or against it. we are simply not giving a chance to give them our opinion. >> i can say that i could definitely relate our conversation to the supervisors , delaying a vote on this until we have had further discussion. >> we would certainly love to talk to them and trade ideas. >> at least for me, there does not seem to be the body of statistical information, or at least coordination between the industry or cohesiveness to the
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direction of thought necessary to create a prohibition as opposed to where regulatory enforcement can put it in place. an option for homeowners, as opposed to outright preventing or prohibiting the use of torch's. because flames are used for a lot of other instances and there is no provision of using, for example, a barbecue gas flame barbeque on a wooden deck. >> how about i make a motion to continue this item and have the department come up with some suggestions on how we can regulate this practice. building some statistics, perhaps looking for the supervisor's office to sign it.
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hopefully he will understand and take that into consideration once the discussion is on the level. >> we would be very supportive of that. >> second. >> do we have to call a vote? >> can we continue the item? >> all of those in favor? >> aye. >> any opposed? the motion is continued. the next item is item number 7. >> good morning, commissioners.
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the development impact program went into effect on july 1. as of yesterday we had 30 applications in the feed program with total valuation dove over $2.5 million. we are expecting some bigger projects to be submitted near the end of the month. we have spent hours of staff time explaining the process to project sponsors that would like to take advantage of this program that have not heard of it before. of course, we have frequent customers to know the program and are working with applicants. it is working, albeit very slow, but it is working better compared to last year at this time. it is having an impact on the amount of projects being
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submitted for plan jackets. >> how many were on the list that were potentially going to apply or had permits? aside from the 30 that of wide and can be notified or educated on this? -- that applied or can be notified or educated on this? >> in terms of readiness for approval without government impact fees, we have had three of those projects come forward. they are still held up in planning. the permits i am talking about our applications that are brand new to the system. these are brand new projects, family homes, replacement decks, additions and things like this. when people do hear about it,
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they are really proud of the fact that we're looking towards them and trying to help them financially. >> thank you. are any of the eastern neighborhood projects moving forward? >> i think that one of them has submitted further, that is all. just one so far. >> thank you. >> any public comments on item number 7? >> i see none. >> item #8, report on the process of handling, managing, and resolving billing notices of violation issues to property owners. >> good morning, commissioners. i am handling ore processing the building violation from the
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property owners. i am pleased to report today on this item. i will give you a brief overview and respond to some specific questions as we get more details. i have some reporting data, if you need that, and welcome the opportunity for discussion. as you know, let me begin with an introduction and i will go over some terms and complaints, notices of violation and orders of abatement. in general, for our approach, as public safety is a matter of paramount importance and the goal of the code enforcement section is to obtain compliance with all required safety regulations while protecting due process of the parties involved. ideally there is voluntary compliance.
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>> unfortunately, punitive measures can be necessary to divorce compliance. balancing complaints about the lack of action on troubled properties against the property owners that are requesting more time to solve a violation. we recognize that this is an important quality of life issue for the community and a balance that goes on on a daily basis. chapter one of our sentences of building code contains administrative provisions that govern this process. briefly, let me go over the terms and documents involve as we get to the notice of violation. the first one is the complaints. under the code in section 103, excuse me, 102, there are three occasions where we will respond to a general complaint. one, the building official
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determines the need for an investigation based on observations in daily activities. general reasonable suspicion that something has occurred. the other is a valid complaint, received from a citizen or an external source. currently the department receives anonymous complaints where we maintain cut potentiality and the person does not have to give a name. yesterday we got an e-mail from australia of someone who had seen online an image of a bedroom in the city where the child had put a bed room under a clause that might carry potter. they ask if it was a violation. one example of a complaint that
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comes from that type of source. often the complaints are not valid and we make that determination. the third condition is we get a referral from another city departments. planning, public works, and we will that respond to that. generally what happens is we will come out and make the inspection, but as they come in we have a process of complaints received, where the deputy director or assigned staff will sign that complain to another inspector if it is beyond the scope of the work, such as fire damage or a board of appeals emergency response. some of them will be in -- assigned to code enforcement, which is the city attorney task force that we're working with, various supervisory inquiries, planning enforcement, changing of use and occupancy, that is what we will go out on. in terms of the health
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department or someone else with jurisdiction, they can more adequately address the complaint. once we determine that the complaint is valid we will go out to the property address. at that time to make a finding. no violation, we will abate, communicate, possibly correct the action verbally and tried to reasonably work for compliance. addressing the complainant's issue in terms of quality of life, the code says that the owner has 30 days to file a permit to erect the action. 10 days later we would issue a notice of violation. perhaps a correction notice to give the person to voluntarily take care of this before we issued a notice of violation. one of that document is issued, that is the official legal document that contains the essential element, the violation description, cost estimate, penalty involved, and timeline
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for the hearing and determination that it is an unsafe building. we will tailor the correction or notice of violation depending on the nature of the violation more respectively, giving it five days, 10 days, depending on the nature. time is important because there is a due process requirements under the code. once the notice of violation is issued and directed, there may be penalties. we can talk about that. once the notice is issued, they have time to comply to address the issue. if they fail to do that, the code would save scheduled public hearing. we generally issue of second notice of violation, with good insurance to essentially make sure that the facts are correct and that we provide the specific circumstances, giving them
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another 30 days to comply. if the owner fails to comply, whether it is a violation issued by electrical or building housing inspection, they would then refer the case to code enforcement. at that point we have officers and inspectors that will prepare the case for the public hearing, which involves the the assessor's parcel and phase preparation. one important thing about that if we had a recent visit from the city attorney office to our building inspectors. it was very helpful, because we wanted to understand how important our documents are and the emphasizing the need to produce a fully developed administrative record in a timely manner, something that is easily said it takes a lot of work and it is important to get these details direct in terms of the finances and business of the city.
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the issue of the note of the directors hearing, if the person is given time, they can of beer and that time give testimony and there will be a finding made by the building official. that order is now the critical factor once you are done with the appeals and various processes. that is the document that has been reported on the title. with that there are basically two tracks that occur. one is the compliance permit, which might involve penalties, etc., and then there is the assessment of the cost. those two actions need to be taken for us to lift the revocation and release it from the title. if someone fails to pay the assessment costs, we have many orders of abatement still on properties. on a manual basis we do this
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annually, replacing those costs with reporting and interest charges on the tax bill according to the board of supervisors occurring within the next two weeks of august 3. generally that is the way that the process works right now. the timing and volume of cases in which we did the referral varies quite a lot, there is a lot of history from old cases the new cases. the priority is generally gauge of on safety issues, which are of paramount importance. immediate public safety and any other criteria used to get compliance. if there are specific questions you might have all? >> medstar? it is my understanding that an inspector goes out on a complaint, saying something like
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he issues a letter, the need to correct this within 30 days and if you do not stop correcting it, 10 days afterwards, 40 days from now, the notice of violation becomes valid. >> not entirely correct. sometimes there will be a written notice. but it might be a document that we issue in notice of documentation. generally compliance will be verbal. >> at the issue of the notice you start from 30 days? >> if not written we give them the code allowing them the time to file the permit required. they have that window to come in and do that. we generally tried to work with people. they did not notice the scaffolding and they get someone to come in. >> do they invite the inspector
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to the job site? determining whether there is a violation or not? >> initially when the complaint is received, as staff -- as the staff gathers the data, we will search our system. someone just called me about that yesterday, asking why we would send someone out on a complaint if there was a permit. saying it was a waste of time, but not necessarily. there are quite a range of descriptions. once we get out there, we make the determination of whether or not the violation exists and if a corrective action needs to be taken. even if there is an active permit, we will give the district inspector to verify that they are staying within their scope of work, if it is a more critical factor. doing alterations. this is where the noise is
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occurring. they are working on the deck and we tell them they need to get one of those permits. we tried to negotiate and regulate. >> everything you have seen over the years is not new. is there a way to make the system for the series of evaluations, like a triage for emergency room, more efficient to the point where there is time activity that reduces the number of cases that keep on pilings up? >> in a general question, i would agree that that is the case. in a way, because of our efforts we will have a duplication and different agencies in the city will converge on one property. clearly, if we

September 6, 2010 10:00pm-10:30pm PST

TOPIC FREQUENCY Roofed 1, The Building Official 1, Australia 1, Etc. 1, Potter 1, Abate 1
Network SFGTV
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